Mike McQueary sues Penn State for violating Whistleblower Act

Mike McQueary forgets he wasn't a whistleblower, sues Penn St for violating Whistleblower Act

5/10/12 in NCAAF   |   Pat   |   5135 respect

Jan 25, 2012; State College, PA, USA; Penn State Nittany Lions former assistant coach Mike McQueary and wife Barbie McQueary arrive for the funeral of former Penn State Nittany Lions head coach Joe Paterno at the Pasquerilla Spritual Center. Mandatory Credit: Andrew Weber-US PRESSWIREUnfortunately, the Penn State scandal still hasn't completely died. Former assistant coach Mike McQueary, who witnessed former defensive coordinator Jerry Sandusky sexually assaulting a child on campus and did nothing to stop it at the time, and also never reported it to the police, is now suing the school for terminating his employment.

McQueary is saying that they violated the Whistleblower Act, which essentially states that an employee can't be held liable and punished for reporting illegal activity. Here's the actual language from the law:

"No employer may discharge, threaten or otherwise discriminate or retaliate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because the employee or a person acting on behalf of the employee makes a good faith report or is about to report, verbally or in writing, to the employer or appropriate authority an instance of wrongdoing or waste."

While McQueary did indeed report an incident of wrongdoing to his employer, it's going to be hard for him to prove that Penn State fired him because of that. Based on the mere fact that McQueary didn't physically stop Sandusky and separate him and the child, Penn State had sufficient reason to fire him.

Also, while the term "whistleblower" is defined in the above paragraph as someone who reports wrongdoing to the appropriate authority OR to the employer, it's generally perceived as someone who reports it to the "appropriate authority."

There's no doubt in anyone's mind whatsoever about McQueary's shortcomings in this area. He absolutely didn't report this criminal act to an appropriate authority. That would have been the police. McQueary never brought the incident to the police, and that was part of the reason it took years to bring Sandusky to judgment.

Nice try, Mike, but you're not going to find a lot of support here on this one.
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6/23/12   |   Tigers2010   |   646 respect

No he will not.Penn State kept him on the payroll because they knew the trial was coming up.